Terms and conditions of sale: NHM Images

 

Terms and conditions of sale and/or download: NHM Images

These terms and conditions apply to all purchases and downloads made through the website under the domain name www.nhmimages.com , hereinafter referred to as "the Website". 

Please read these terms carefully before you submit your order to us. The terms apply both to purchases made by an individual (as a "consumer") and to purchases made on behalf of a business.

 

Who we are

We are The Natural History Museum Trading Company Limited (henceforth referred to as "NHM Images", "we", "us", "our") a wholly owned subsidiary of the Natural History Museum (“the Museum”) which performs the Museum’s trading activities.

We are a company incorporated in England and Wales (Company Number: 02909192), and our registered office is at Cromwell Road, London SW7 5BD. Our registered VAT number is GB 645 4245 38

All profits of NHM Images are transferred to the Museum (the Museum being a charity) under a gift aid declaration.

These terms and conditions are additional to the Museum's website terms and conditions of use available at http://www.nhm.ac.uk/about-us/website-terms-conditions.html which shall apply to your use of the Website so that references in those terms to "website" include the Website.

1. Purchase of individual Images, credit packs and licence options

You may purchase images made available on our the Website ("Images") individually, or you may purchase a credit pack enabling you to download Images in accordance with the terms of this agreement. Details of the credit packs we provide are available on the "How we work" section of the Website. 

In each case you will be required to select the licence option that will apply to your Images or to your whole credit pack at the point you submit your order. Further details of the licence options we offer can be found in the "How we work" section of the Website.

Credit packs enable you to download Images in exchange for credits purchased by you as part of that credit pack ("Credits"). Subject to these terms and conditions, Credits will be valid from the point at which we email you to confirm acceptance of your order for the period set out in the credit pack you have purchased (the "Term"). 

If you purchase a credit pack you may redeem your Credits against Images at any time during the Term. You acknowledge that your ability to download images from the Website during the Term will be subject to your having sufficient Credits remaining in accordance with the credit pack you have purchased. The number of Credits required to download Images will depend upon the licence option you choose at the point you order your credit pack.

NHM Images may make changes to credit packs and licence options to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat, provided this does not materially affect your use of the products.

NHM Images warrants that it has the right to supply all products offered by it on the Website. 

1a) Availability, prices and information of products

The price of Images (whether purchased individually or as part of a credit pack) and credit packs (together "products") shall be the price (or number of credits) listed on the Website on the date of your order (exclusive of VAT, which is added at checkout if applicable). You acknowledge that the price payable by you for Images will depend on the licence option you choose when you submit your order. Payment for images is made at point of purchase, whether via credit card or by drawing down credits from a credit pack.

All prices displayed on the Website are quoted in pounds sterling (GBP) or in credits and must be paid in full by you at the point of order except where discounts are offered as detailed on the Website. 

We accept payment with Visa and Mastercard.

We take all reasonable care to ensure that the price of the products advised to you is correct. However, it is always possible that some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. 

If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract with you, and refund you any sums you have paid.

1b) Ordering

When you click on the "Submit" button on the "Check your order" page NHM Images will treat your order as an offer by you to purchase the products set out in your order subject to these terms and conditions. You will then be offered the option of making payment using a credit card or, if you have already purchased a credit pack, by drawing on your credits. 

You are responsible for ensuring the accuracy of your order. 

Our acceptance of your order for products will take place when we email you to accept it, at which point a contract will come into existence between you and us. 

If we are unable to accept your order, we will inform you of this and we will not charge you for the product.  This may be because the product has become unavailable or because we have identified an error in the price or description of the product 

1c) Delivery

We will make Images available to you for download as soon as we accept your order for products.

If our supply of Images is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If you are a consumer, then provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for products you have paid for but not received. 

NHM Images shall confirm each order for products (including Images bought as part of a credit pack) in writing by sending you a summary of the order to the email address provided by you during the order process.

1d) Cancellation and returns

NHM Images wants you to be totally satisfied with your order. However, if you are a consumer, you may cancel your purchase  within 14 days of the day we email to confirm we accept your order . NHM Images will confirm any cancellation by email and refund you the full cost of the order within 14 days of your telling us you have changed your mind. In cases where you have ordered individual Images from us and we have delivered such Images to you immediately and you agreed to this when ordering, you will not have a right to change your mind.  Under any circumstances where a refund is due to a business customer (such as clause 1a above) this will be processed within 30 days. 

You may not cancel your order if:

1          your order is for individual Images (not as part of a credit pack), and you have already downloaded these;

2          it is for bespoke products that have been commissioned by you personally or your organization once work has commenced and/or costs have been incurred in their production;

3          your order is for a credit pack, and you have already downloaded Images from the Website using your Credits. 

To end the contract with us, please let us know by calling us or emailing us using the contact details below.  Please provide your name, address and details of the order.

Alternatively, please write to us at that address, including details of what you bought, when you ordered or received it and your name and address. If you are a consumer, you may (in addition) print off the cancellation form at the foot of these terms and conditions and post it to us at the address listed below.

If you have any questions or complaints about products, please contact us using the contact details set out in these terms and conditions. 

If you are a consumer we are under a legal duty to supply products that are in conformity with this contract, and nothing in these terms will affect your legal rights.

1e) Usage

i           You shall only use Images you download from the Website in accordance with the licence option you choose at the point of sale, or at the point you order such Images, and in accordance with these terms and conditions (Your Licence).

Your Licence shall only commence once you have paid for the products you have ordered in full (and subsequently, in the case of Images downloaded as part of a credit packs, once we have applied your Credits against the Images you wish to download) in accordance with these terms and conditions.

ii          If you use the Images in any way which is not permitted by Your Licence this will constitute an infringement of copyright in the Images and also a breach of Your Licence. If this occurs, we may terminate Your Licence and claim damages from you.

iii         If you are a business customer, you must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction of Images by you are obtained and you undertake that you shall not use or permit others to use Images in any way which is, indecent, libellous or unlawful. If you are a business customer, we make no warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Images and no warranty that the exercise by you of the rights granted by Your Licence will not infringe the rights of any third party.

iv         Whether you are a business customer or a consumer you hereby indemnify us in respect of all liabilities, claims, damages, costs, losses or expenses we incur in connection with the use of any Images supplied to you in breach of Your Licence.

v            You acknowledge that Your Licence is personal to you or the company that you are purchasing the Images on behalf of (as applicable) and, if applicable, that company's wholly owned subsidiaries and Your Licence is not assignable by you to any third party.

vi         You may not sub-licence the right to use any Images in accordance with Your Licence without our prior written consent. If we agree that you may sub-license the use of any Images to any third party, you shall enter into an agreement with such third party on terms which impose the same restrictions of that party's use of the Images as apply to you under these terms and conditions. You shall be liable for all acts and omissions of any sub-licensee and shall indemnify us in respect of all liabilities, claims, damages, costs, losses or expenses we incur in connection with the use of such Images by any sub-licensee in breach of the terms of Your Licence.

vii        You must credit us as specified by us [on the Website when you submit your order] every time you use one of the Images. If you fail to acknowledge Images in accordance with these terms and conditions we reserve the right to charge you an additional 50% of the original licence fee. You will pay such sums to us promptly (and in any event within 30 days of our request).

viii       Rights Simplified images shall not be alter,  manipulate, add to, or deleted any part of the Images without our prior written consent.

ix        You agree to destroy or delete all Images, including any pre-press or pre-production copies of the images and any copies of the records or images held on a database, within 90 days of the completion of a specified maximum production run.

2. Personal data

We will process your personal data in accordance with the Data Protection Act 1998. For more information please read the Museum's Privacy notice available at http://www.nhm.ac.uk/about-us/privacy-policy.html.

We will use the personal data that you provide to us to supply products to you, and to process your payment for the products].

You and we agree to comply with clause 6 of the terms and conditions of use of the Natural History Museum website available at http://www.nhm.ac.uk/about-us/website-terms-conditions.html and the Museum's Privacy Notice.

You acknowledge that NHM Images and the Museum are subject to the requirements of the Freedom of Information Act 2000 (“FOIA”) and you shall assist and co operate with NHM Images and the Museum to enable NHM Images and the Museum to comply with the information disclosure obligations under the FOIA

3. Limitation of liability

NHM's liability to you in respect of products is limited to refunding the price you have paid for such products.

NHM is not responsible to you to any greater extent and in particular is not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit or otherwise) that you may incur as a consequence of its failure to comply with these terms and conditions of sale.

Nothing in these terms and conditions shall exclude or limit our liability in respect of death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or  fraudulent misrepresentation or for breach of your legal rights in relation to the products.  Note that purchase of images by an individual for commercial purposes constitutes business use.

4. Changes to the terms and conditions of sale and/or download

We reserve the right to alter or update these terms and conditions.  The version of these terms and conditions that shall apply is the version which is displayed on the Website on the date that you order products from us.

4.1 Changes to any promotion

From time to time we may offer promotions on the Website.  We reserve the right to cancel or alter the terms of any promotions without warning, provided that where you have purchased products from us in accordance with the terms of a promotion, any subsequent amendment to that promotion by us will not affect the terms and conditions that apply to the purchase of the specific products you have already purchased from us. Please contact us for information if you have queries regarding any promotions offered on the Site.

5. Law and jurisdiction

5.1 Jurisdiction

These terms and conditions of sale shall be governed by and construed in accordance with English law and you can bring legal proceedings in respect of the products in the English courts.

If any part of these terms or conditions should be determined by a court or relevant authority to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining parts of these terms and conditions shall survive and continue to be binding and enforceable.

5.2 Enforcement

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

5.3 Arbitration

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are purchasing products as a consumer, and you are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available here [https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage]. 

5.4 Mediation

Should any disagreement arise between us, we shall, if we both agree, try to settle it by a mediation procedure recommended by BAPLA .

6. Comments and complaints

If you have any comments or complaints to make about purchases made through the website please send them to:

NHM Images

The Natural History Museum

Cromwell Road

London

SW7 5BD

Alternatively, please email  images@nhm.ac.uk  or telephone +44 (0)20 7942 6547

7. Termination of Licence

Your Licence will terminate immediately if you die or are subject to a bankruptcy petition or if you (or, in circumstances where you purchase products from us on behalf of a company) the company: (a) suspends or threatens to suspend, payment of debts or is unable or is deemed unable to pay debts as they fall due(b) enters into voluntary or compulsory liquidation, or if an order is made for the winding up of the company, (c) apply for or have an administrator or receiver appointed; (d) commit a material breach any of these terms and conditions and you fail to remedy that breach within 28 days of our giving you notice to remedy such breach. In the event of termination, all rights granted by us to you shall immediately revert to us and you shall immediately [destroy and] cease to use any Images downloaded by you, and you acknowledge that any further use of any such Images by you shall constitute an infringement of copyright.

8. Publication Right

Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of Images shall vest in us and you hereby assign all such rights arising to us.

9. Complimentary Copies

We require you to provide us without delay (and using the contact details set out in these terms and conditions) with one complimentary copy of any print publication or product in which Images appear or, alternatively, where you include Images in an electronic publication or product, a link to any such electronic publication or product, and you hereby confirm that you have the right to provide us with the same.

10. Cookies on the Website

We use cookies on the Website in accordance with the policy for cookies on the Museum's website (and the Website is an "affiliated website" as referred to in that policy).   Please see http://www.nhm.ac.uk/about-us/cookies.html for the Museum's cookie policy.

Consumer Cancellation Form

Last updated: 3rd March 2017